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D.C. Circuit· 6/12/1968

James Hemphill v. United States

Citations

  • 402 F.2d 187
  • 131 U.S. App. D.C. 46
  • 1968 U.S. App. LEXIS 6575

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing conviction of first-degree murder for failure to prove premeditation, and remanding to “permitf] sentencing for second-degree murder without a new trial”
  • invalidating first-degree murder conviction where “[t]he attack was without warning or apparent reason”
  • defendant brutally assaulted female acquaintance before murdering her sleeping 10-year-old grandson; evidence of premeditation and deliberation held insufficient
  • no inference of premeditation where defendant may have obtained murder weapon at scene of crime
  • no inference of premeditation where defendant may have obtained murder weapon at scene of crime
  • time to walk up stairs consistent with finding that killing was product of deliberation, when motive was shown

Source: CourtListener parenthetical corpus (CC0).

Judges: Wright, Tamm, Leventhal

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.